Who we are
The Service is operated and provided to you by DPlay Entertainment Limited, registered in England with company number 09615785 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom (“DEL”, "we", "us, "our").
The Service When we talk about the Service in these terms, this includes:
- the Eurosport Player and Eurosport websites (together, the "Websites");
- the Eurosport Player and Eurosport applications made available on certain mobile phones and other connected devices (together, the “Apps”); and
- anything made available on the Websites and Apps, including:
- the on-demand and live video content service available either free of charge with an account or by paid subscription;
- all features, functionalities and user interfaces; and
- any content and materials you can view, access or contribute, such as images, photos, sounds, music, text, articles, games, graphics, software, videos, programmes, live streams and linear channels (“Content”).
The Content on the Service will change regularly – that means exciting sports, events, articles, programmes, channels etc. may become available whilst other sports, events, articles, programmes, channels etc. will stop being available. See clause 9 for more details.
1. Access to the Service
1.2 You may be able to access and view some Content without making a payment, but some Content will only be available to you if you:
(a) register an account ("Eurosport Account"); or
(b) purchase a one-time pass or recurring subscription ("Eurosport Pass").
1.3 You can sign up for a Eurosport Account if you are aged 16 or older. To purchase a Eurosport Pass, you must be aged 18 years (or the age of full capacity in your territory of residence if more than 18 years old).
1.4 As described in the product description on the Eurosport Pass selection page and in our Help Centre:
(b) limitations on Content, features and functionality may also depend on the Eurosport Pass you choose and any restrictions imposed by our commercial partners.
2. Your Eurosport Account
2.1 When creating your Eurosport Account, you must provide true, accurate and complete information to us. You may be able to use an account you already hold with a third party platform or other partner to create a Eurosport Account, such as your login with a social media service.
2.2 You are responsible for your Eurosport Account username and password, for keeping them confidential, and for all activities that are carried out under them (including all access to and use of the Service through your Eurosport Account). We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.
3. Your Eurosport Pass
(a) further details of the features of each type of Eurosport Pass, including auto-renewal, minimum subscription periods, how to turn off auto-renew and cancellation; and
(b) information on switching from one Eurosport Pass to another Eurosport Pass, including any impact on your billing arrangements.
4. Automatic renewal
4.1 Most Eurosport Passes automatically renew unless you cancel your subscription before your next renewal date (or the end of any free period of access).
4.2 If you purchase a Eurosport Pass through us, we will let you know, at the point of sign-up, if your type of Eurosport Pass will automatically renew and when this will happen.
4.3 If you have a Eurosport Pass which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or any free period of access), your Eurosport Pass will automatically renew. When your Eurosport Pass automatically renews, you will be charged the total subscription fee at the same price (unless a promotional price applies to your current or upcoming subscription period, or we have notified you of a price change in accordance with section 8) due for the next subscription period.
For an Annual Pass or any other Eurosport Pass with a minimum term of twelve (12) months or more, the following provisions of the French consumer code shall apply:
· Article L.215-1: For service contracts having a definite term with a tacit renewal clause, the business shall inform the consumer in writing, by dedicated mail or email, at the soonest 3 months and at the latest 1 month prior the deadline for terminating the contract of his/her ability not to renew the contract. This information shall be provided by clear and understandable terms and shall mention, within a frame, the termination deadline.
When this information has not been provided according to the first paragraph, the consumer is entitled to freely terminate the contract any time as from the renewal date.
Prepayments made after the last renewal date or, for indefinite term contracts, after the date of transformation of the definite term contract, are reimbursed within 30 days as from the termination date, net of the amounts due for performance of the contract until said termination date.
Provisions of this article apply notwithstanding articles submitting some contracts to specific rules regarding the consumer information.
· Article L.215-3: Provisions of this chapter are also applicable to contracts between businesses and non-professionals.
· Article L.241-3: When the business has not reimbursed the consumer pursuant to article L. 215-1, the outstanding sums shall bear interests at the legal rate.
4.5 Unless your Eurosport Pass renews on a monthly basis, you will be notified about renewal before the end of the current subscription period.
5. Free Period of Access
5.1 Your Eurosport Pass may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber), unless other terms apply. The specific duration of any free period of access will be specified at the point of sign-up.
5.2 You will be charged automatically at the end of your free period of access, unless you cancel your Eurosport Pass before the expiry of the free period of access. Please note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.
5.3 When subscribing via a third party, for example an app-store or via one of our partners, please also see section 12 (Third Party Platforms and Services) below.
6. Promotional Offers
6.1 DEL, companies within the same group as DEL and/or our third party partners, may make available voucher codes, discounts or other promotional offers which may offer you free or discounted access to the Service (“Promotional Offers”).
6.2 Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by DEL (or other companies within the same group as DEL) or with the products or services of one of our partners.
6.3 You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details, including:
(a) who is eligible to take up the offer; and
(b) whether restrictions apply on combining a Promotional Offer with a free period of access.
6.4 Where a Promotional Offer is provided by a third party partner or by another company within the same group as DEL, that other party may also have additional terms and conditions which apply. DEL is not responsible for the products and services provided by such third party partners.
7.1 If you are required to pay for your Eurosport Pass, you will be charged for it using the payment method chosen by you when you first subscribe.
7.2 If your Eurosport Pass automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your Eurosport Pass at the same price (unless we have notified you of a price change, in accordance with section 8, or if section 7.4 applies). Usually the first payment will be taken on the day you subscribe or, if you have a free period of access, the day after your free period of access ends.
7.3 If you are eligible for a Promotional Offer which enables access to a Eurosport Pass for no charge for a specified period and then converts to a paid subscription, your first payment will be taken immediately after the promotion period.
7.4 If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period. After the promotion period, the then standard subscription price will apply.
7.7 We reserve the right to change the date we charge you with notice if your payment method has not been successfully authorised or automatically if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th.
7.8 We use other companies (including other companies in the same group as DEL), agents or contractors to process credit card transactions and other payment methods.
7.9 If you subscribe to a Eurosport Pass which starts with a free period of access, or if you use a Promotional Offer which permits access to a Eurosport Pass for no charge but also requires you to provide your payment details, a nominal charge may be temporarily taken.
8. Price changes
8.1 We may change the price of your Eurosport Pass from time to time. Any price changes will apply to you no earlier than 30 days following notice to you and after the time of renewal of your subscription to the Eurosport Pass. We will let you know the date on which any price change is due to come into effect. If you have purchased a Eurosport Pass through one of our third party partners (including Apple or Google), price changes will be subject to that third party’s terms and conditions.
8.2 If we notify you of a price change and you do not want to continue your Eurosport Pass at the new subscription price, you can cancel your Eurosport Pass before the start of the next subscription period by following the cancellation steps shown in your Account (as described in section 11). Your continuous use of your Eurosport Pass and/or payment for the new subscription period at the new subscription price shall be considered as consent to a price change.
9. Content changes
9.1 As we mentioned above when describing the Service, the Content will change regularly – that means exciting sports, events, articles, programmes, channels etc. may become available whilst other sports, events, articles, programmes, channels etc. will stop being available.
9.2 The availability of Content may change for various reasons, such as where third party rights-holders withdraw or restrict our right to use that content on the Service, or for legal or regulatory reasons.
9.4 We'll try to avoid making any materially detrimental change to the Content (as we've described in clause 10.2(b) below), but, if we do so, we'll notify you.
10. Changes to the Service
10.1 Free access:
(a) We may make changes to or discontinue the free elements of the Service at any time without giving you any notice.
(b) This includes any parts of the Service that you can access as an unregistered guest and as a Eurosport Account holder, without purchasing a Eurosport Pass. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the free parts of the Service. We may also update or upgrade the free aspects of the Service from time to time.
10.2 Paid Service:
(a) There may also be times when we have to make changes to the parts of the Service that you can only access with a Eurosport Pass (the “Paid Service”). We will only make changes to the Paid Service where we have a valid reason to do so, such as:
(i) where we alter the design or layout of the Service;
(ii) to improve and expand the features and functionality available as part of the Paid Service; or
(iii) to comply with a change in applicable laws, or to address a potential security risk.
(b) If we have to make:
(i) a change to the Paid Service that disadvantages you; or
(ii) a materially detrimental change to the Content, for example we remove high profile channels or extensive categories of Content,
at any time during your Eurosport Pass, we will give you 30 days’ notice and the right to cancel. If you do not cancel your Eurosport Pass after we have notified you about any such changes and before these changes take place, we will take that as your acceptance of the changes.
(A) We will try to make sure that any change that disadvantages you will not come into effect during your current subscription period. This means that we will tell you in advance and you will have the chance to cancel your Eurosport Pass before the change takes effect (when the next subscription period begins) by following the steps in section 11 (Cancellation).
(B) If such a change is going to come into effect during your current subscription period, you will still be able to cancel your Eurosport Pass before the change comes into effect. In these circumstances, we will provide you with a refund for amounts you have paid for the Paid Service but not yet received.
10.3 This section 10 does not apply to immaterial changes to any part of the Service which do not impede your use of the Service, including (without limitation) mere design changes or changes to Content falling within section 9.
11.1 You can cancel your Eurosport Pass at any time before the end of the current subscription period (or free period of access) and, unless we tell you otherwise, cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your Eurosport Pass until the end of the current subscription period (or free period of access), unless we tell you otherwise.
11.4 If you signed up for a Eurosport Pass through a third party (for example via an app store or one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to go to your device settings or visit your app store account and turn off auto-renew for Eurosport.
11.5 The Service that you get access to when you purchase a Eurosport Pass starts, with your approval, before expiration of the 14 day withdrawal right. As such, you acknowledge and accept that you cannot exercise a 14 day withdrawal right following provision of such service under this distance contract, in accordance with article L.121-21-8 13° of the consumer code.
12. Third party platforms and services
12.1 If you access the Service or purchase a Eurosport Pass through a third party (for example, via an app store or a bundle of services provided by one of our third party partners) or another product or service sold by that third party or DEL:
(a) you will be subject to the third party’s terms or to that other product or services’ terms (including any applicable usage rules);
(b) any payment for a Eurosport Pass will be to that third party or to that other product or service;
(c) important information on the:
(i) terms of sale;
(iv) payment methods;
(v) your right to cancel a transaction and when you can exercise such right (where applicable); and
(vi) the technical steps to conclude a transaction,
will be detailed in the third party’s terms and conditions or in the terms and conditions of the other product or service; and
12.2 If you are paying for a Eurosport Pass via a third party (for example, an app-store or via one of our partners) or via another product or service sold by that third party or DEL and you wish to change your payment method, you will need to do so through that third party or the other product or service. If you encounter any problems with billing or payments in these circumstances, please contact that third party directly to discuss any refunds or credits relating to your Eurosport Pass.
13. Device restrictions, supported devices and updates
14. Your data usage
You are responsible for all internet access, mobile data or other charges incurred when using the Service and your Eurosport Pass. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
15.2 You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Content.
15.4 In the event of any such infringement, we, or one of our affiliated companies, may terminate the agreement with immediate effect and block your access to the Service and terminate any Eurosport Account you may have and pursue any rights or remedies available to us.
16. Your Content
16.1 If you have a Eurosport Account, you may be able to interact with Content on the Service, including liking and sharing Content.
16.2 You agree that:
(b) any Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner or are otherwise legally entitled to share the material in question.
17. Your use of the Service
17.1 You confirm that:
(b) you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else, including any intellectual property rights.
17.3 You must not, and must not allow third parties to:
(a) transmit, broadcast, display, perform, publish, license, offer for sale, make and/or distribute copies of any part of the Service for the benefit of any third party, or exhibit any of the Service in any public place;
(b) frame any item of Content or the Service, or incorporate any part of the Service into another website, application, online service or audiovisual service, whether owned by us or our partners;
(c) access or view any part of the Service and/or purchase your Eurosport Pass using a virtual proxy network;
(d) use your username and password to access your Eurosport Account or Eurosport Pass without authorisation;
(e) attempt to alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, unless you have a legal right to do so;
(f) remove, deactivate, degrade or thwart any of the content protections in the Service or the Content;
(g) collect or harvest any personal data of any user of the Service (including any account name) or use any robot, bot, scraper, site search/retrieval application, proxy or other manual or automatic device, method, system or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service, your Eurosport Pass or the Content.
18. Using the Service outside your home country of residence
18.1 If you are resident in the EU, you can access the Content usually available through your specific Eurosport Pass when visiting another EU country, at no extra cost. This means that you can enjoy the same service abroad that you would at home; you will be accessing the same Content, in the same language, that you access through your Eurosport Pass when you are at home. This access is available only if you are temporarily abroad in another EU country and we are able to verify that your country of residence is in the EU.
19. Ending your right to use the Service
19.1 We can end our agreement with you (and consequently end your right to use the Service) at any time. If we end our agreement with you after you have purchased a Eurosport Pass, we will give you as much advance notice as is reasonably practicable and ensure that you either: (i) have access to the paid-for elements of the Service to which your Eurosport Pass relates for the remainder of your subscription period; or (ii) get a refund for any remaining portion of your subscription period after the date on which our agreement ends. You can also cancel your agreement with us for your Eurosport Pass at any time in accordance with section 11.
20. Our liability to you
20.2 We accept liability for death or personal injury caused by us or that of our employees and agents. We are also liable for fraudulent misrepresentation, wilful or intentional misconduct or gross negligence by us or our employees or agents.
20.4 We are not responsible for:
(b) any malfunction or interruption to the Service or Content which are constitutive of force majeure events;
(c) any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to:
(i) your equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);
(ii) your failure to download any update or the most recent published version of the Service, or to meet the compatibility requirements; or
(iii) the consequences of you changing your equipment, device, operating system or internet connection;
(e) actions of any third party not under our reasonable control and which could not be foreseen or avoided, which may include device manufacturers or providers of a device operating system.
20.5 We can't guarantee that the Service or the Content will be entirely free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
21. Advertising and third party websites
21.1 The Service and Content may contain advertisements. To the extent provided by law, we are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content, where such advertising is not under our control.
21.2 The Service may include hyperlinks to other web sites that are not owned or controlled by us.
(a) We have no control over, and assume no responsibility for, the availability, content, privacy policies, or practices of any third party websites.
(b) You acknowledge and agree that we will not be liable for any loss or damage which may be incurred by you as a result of the availability of those external third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
22. Reporting Content
(b) to comply with legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment;
(c) to provide you with additional information about the Service,
(d) where we make changes to the Service in order to improve it, including where we expand the scope of the Service by adding additional features, functionality or Content;
(e) where we update the details or structure of your Eurosport Pass, or any of the other Eurosport Passes or products we offer on the Service;
(f) we intend to change the way we structure our Service or we reorganise the way we structure or run our business; or
(g) for security reasons, including where we introduce additional security checks or software to protect our Content or the Service.
(a) We will try to make sure that any change that disadvantages you will not come into effect during your current subscription period. This means that we will tell you in advance and you will have the chance to cancel your Eurosport Pass before the change takes effect (when the next subscription period begins) by following the steps in section 11 (Cancellation).
(b) If an adverse change is going to come into effect during your current subscription period, you can cancel your Eurosport Pass before the change comes into effect and we will provide you with a refund for amounts you have paid for the Paid Service but not yet received.
24. Service messages
24.1 If you have registered a Eurosport Account, we will send you information relating to your use of the Service, your Eurosport Account and/or any Eurosport Pass you have purchased (e.g. changes in password, payment authorizations, invoices or payment methods, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or SMS or email to the contact details provided during sign up.
24.2 If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages.
25. Transfer of rights
To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.
28. Governing law
29.1 If you have any complaint please try to speak to us first, by contacting us using the details below.
30. Contacting us